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Background of the Case

Neil Molloy, a veteran broadcaster and former host of Galway Bay FM’s breakfast show, lost his unfair dismissal claim at the Workplace Relations Commission (WRC). Earning €52,240 annually, Molloy was suspended in June 2023 and later dismissed in September following allegations of workplace misconduct. The incidents included what was described as a “verbal assault” on the station’s CEO, Cormac O’Halloran.

The Alleged Misconduct

The first incident occurred on June 1, 2023, after the CEO revoked Molloy’s company fuel card and questioned his request to take on outside work. During this meeting, Molloy reportedly raised his voice and made disparaging remarks. A week later, on June 8, when informed of a formal complaint, Molloy allegedly reacted angrily again, undermining an earlier apology. The station’s disciplinary investigation upheld the complaints, leading to Molloy’s dismissal, which was upheld on appeal.

Union’s Defence and Procedural Concerns

SIPTU, representing Molloy, argued that the dismissal was part of a “witch hunt” by the CEO, claiming Molloy had been treated disrespectfully. The union also disputed claims of verbal or physical threats and highlighted his 30-year career with an “unblemished record.” Adjudicator Janet Hughes acknowledged concerns about the CEO’s significant involvement in the process but focused on the substantive issues, noting that Molloy’s conduct had damaged trust irreparably.

WRC’s Ruling

The WRC ruled that while Molloy’s first outburst was a “once-off” and “understandable” given the circumstances, his subsequent reaction “sealed his fate.” Hughes concluded that the dismissal was not unfair but criticized the company’s decision to classify the misconduct as “gross misconduct,” calling it excessive. The tribunal dismissed claims under the Unfair Dismissals Act 1977 and the Minimum Notice and Terms of Employment Act 1973.

Next Steps

The decision is currently under appeal to the Labour Court. Molloy’s case highlights the complexities of workplace disputes and the importance of robust procedural fairness in disciplinary matters.